1 2025:CGHC:2783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 382 of 2025 1 - Smt. Florida Ram W/o Rupesh Ram, aged about 47 years, At Present Posted and Working as Demonstrator at Late Smt. Sudha Devi Memorial Nursing College Kabirdham, District Kabirdham, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh through Secretary, Ministry of Health and Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 2 – Director, Directorate of Medical Education, Health Bhawan, North Block, Sector-19, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 3 – Principal, Late Smt. Sudha Devi Memorial Nursing College, Kabirdham, District Kabirdham, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Jitendra Gupta, Advocate For State : Ms. Akanksha Verma Dabhadker, Panel Lawyer Digitally signed by GOPAL SINGH Date: 2025.02.04 19:52:05 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 16/01/2025 1. By way of the instant petition, the Petitioner has challenged the order dated 30.12.2024 (Annexure P1) passed by Respondent No.2, whereby the representation filed by the Petitioner in compliance with the order dated 14.11.2024 passed by this Court in WPS No.7344 of 2024 has been rejected. 2. The facts of the case, in short, are that Petitioner is working as a Demonstrator at Late Smt. Sudha Devi Memorial Nursing College Kabirdham, District Kabirdham (Chhattisgarh) and although she had appeared in the examination for the course of M.Sc. Nursing (MSCN) Entrance Examination 2024 and qualified the same, the Respondents authorities have not issued her No Objection Certificate for admission in the Course of M.Sc. (Nursing) at any government or private college. 3. Learned Counsel appearing for the Petitioner submits that as per the Chhattisgarh Nursing Admission Rules 2019, the Petitioner is eligible for the course of M.Sc. Nursing and also the Petitioner fulfilled all the eligibility criteria. The respondent No.2 rejected the representation filed by the Petitioner on dated 30-12-2024 (Annexure P1) on the ground that earlier Writ Appeal No.107/2024 3 dismissed by this Court vide order dated 28-02-2024, against which the State has filed the SLP No.52938/2024, which is concealed the real facts, because earlier petitioner has filed writ petition in last year 2023 bearing WPS No.3619/2023 and same is allowed vide order dated 10-10-2023 and against the order dated 10-10-2023, the State had filed writ appeal bearing WA No.107/2024, which was dismissed vide order dated 28-02-2024, but the session of 2023 was elapsed and the petitioner moved an fresh application for online examination MSCN in the year 2024. The respondent No.2 rejected the representation filed by the petitioner on dated 30-12-2024 (Annexure P1) on the ground that earlier Writ Appeal No. 107/2024 dismissed by this Court vide order dated 28-02-2024, against which the State has filed the SLP No.52938/2024, which is concealed the real facts that one of the petitioner in WPS No. 3619/2019 namely Yoshoda Jha in WA No.142/2024, the State has filed the SLP No.52936/2024 and the Hon'ble Supreme Court has also dismissed the petition filed by the State vide order dated 09-12-2024 (Annexure P-15). The respondent No.2 rejected the representation filed by the petitioner on dated 30-12-2024 (Annexure P-1) on the ground which is concealed the real facts one of the demonstrator namely Salma Khan was completed the course of M.Sc. (Nursing Course) and joined her original post at Government College of Nursing at Kabirdham on 05-11-2024 (Annexure P-16). The petitioner 4 appeared in the examination for the course of M.Sc. Nursing and passed the said examination. The counseling committee after scrutiny the documents of the petitioner confirmed the seat for the course of M.Sc. nursing and allotted the institute to the petitioner government/private college. The respondents are beyond the jurisdiction not issue the NOC in favour of the petitioner even the petitioner passed the said examination. The action of the respondents are illegal, arbitrary and against the violation of the natural justice. Earlier, the petitioner has filed writ petition in last year 2023 bearing WPS No.3619/2023 and same is allowed vide order dated 10-10-2023 and against the order dated 10-10-2023, the State had filed writ appeal bearing WA No.107/2024, which was dismissed vide order dated 28-02-2024, but, the session of 2023 had elapsed and the petitioner moved a fresh application for online examination MSCN in the year 2024 (Annexure P-17). The action of respondents are clear violation of the observation made by this Court passed in the similarly petitions. 4. Learned counsel appearing for the State submits that the session for which the petitioner is seeking no objection certificate for admission in the M.Sc. Nursing Course has already expired and as such no relief can be granted to the petitioner as prayed for by the petitioner. The order dated 30.12.2024 by which the representation filed by the petitioner has been dismissed is in accordance with law and no interference is required for. In the 5 impugned order, it has been stated that if the petitioner will be relieved the ratio of teacher – students will be affected. 5. I have heard learned counsel appearing for the parties and perused the material available with due care. 6. From perusal of the material available, it seems that earlier also, the petitioner had filed a petition, being WPS No.3619 of 2023 seeking direction that the respondents authorities may be directed to issue her no objection certificate so that she may take admission in M.Sc. Nursing Course for current academic session. This Court vide order dated 10.10.2023 directed the respondents authorities to issue no objection certificate to the petitioner as well as Smt. Yashoda Jha within seven days from the receipt of the order for taking admission in the M.Sc. Nursing Course in the current academic session itself and respondent No.2 was directed to take necessary steps. Thereafter, the State challenged the said order in an appeal, being Writ Appeal No.107 of 2024, however, the writ appeal came to be dismissed while confirming the order passed in WPS No.3619 of 2023. The State filed an SLP before the Hon’ble Supreme Court which was also dismissed. It seems that perhaps the academic session has expired and as such the petitioner has again preferred a petition, being WPS No.7344 of 2024 for grant of no objection certificate for admission in M.Sc. Nursing Course in which the petitioner was directed to file a 6 representation and the authorities in turn were directed to decide her representation for grant of no objection certificate for admission in M.Sc. Nursing Course, 2024. The representation filed by the petitioner came t be dismissed on 30.12.2024 by the authorities concerned. It is surprising that once this Court has directed the respondents authorities to grant no objection certificate to the petitioner and one another person which has been confirmed by the Division Bench of this Court in Writ Appeal No.107 of 2024 as well as by the Hon’ble Supreme Court then there is no reason for the respondents authorities to deny the same. In fact, while not granting no objection certificate for pursuing the M.Sc. Nursing Course it would be regarded as flouting of the order dated 10.10.2023 passed by this Court and as such it would be obligatory upon the respondents authorities to issue no objection certificate to the petitioner so that she may pursue her M.Sc. Nursing Course. It is pertinent to mention the fact that once the Court has directed the respondents authorities to issue no objection certificate, only on the basis that the session has expired or ratio of teacher-students would be affected, the issuance of no objection certificate cannot be denied. The order dated 10.10.2023 was confirmed by the Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.52938/2024 vide order dated 3.1.2025 as such it is incumbent upon the respondents 7 authorities to issue the no objection certificate to the petitioner. The order of the Hon’ble Supreme Court reads thus: “Delay condoned. Heard learned counsel for the petitioner(s). The petitioner(s) herein is the State of Chhattisgarh, challenging the order passed by the Division Bench of the High Court which has affirmed a finding and order of the learned Single Judge of the High Court where a writ petition was filed by the respondent, who is working as Demonstrator, seeking permission for doing M.Sc. Nursing Course which was declined by the Principal, Sudha Devi Memorial Nursing College, Kabirdham (hereinafter called “the Institute”) on the ground that they have two demonstrator (one is the respondent herein) and one had already gone on leave and if permission is given to the respondent to pursue her M.Sc. Nursing Course, there will be no demonstrator left. Now the position is that the other demonstrator has already joined the Institute. Therefore, this difficulty is no more with the Institute. In any case, the learned Single Judge and the Division Bench of the High Court have decided the case against the petitioner – State, and the facts of the case are such that it does not call for our interference, in exercise of our jurisdiction under Article 136 of the Constitution of India. The present petition is, accordingly, dismissed. …..” 7. In light of the aforesaid discussion, I am of the opinion that the respondents authorities especially respondent No.3 are required to issue no objection certificate to the petitioner. Accordingly, it is directed that respondent No.3 shall issue necessary no objection certificate to the petitioner for pursuing her studies in the M.Sc. 8 Nursing Course in any government or private college. This exercise shall be done within a period of 30 days from production of a copy of this order by the petitioner. 8. With the aforesaid observations and directions, the writ petition is allowed. Sd/- (Amitendra Kishore Prasad) Judge Gopal Singh